VAZIFDAR S.J., J.:---The plaintiff has filed this suit to restrain the first defendant from infringing its copyright in its artistic work and its registered trade mark "M-Seal" and for passing off.

2.From 1968 Mahindra Van Wijk and Visser Ltd. commenced use of the trade mark M-Seal in respect of its goods.

On 21st September, 1970, one K.E. Motiwala, a partner of defendant No. 1 was employed as an Engineer by Mahendra Van Wijk and Visser Limited, which was later named as Mahindra Electrochemical Products Ltd. (M.E.P.L.).

M.E.P.L. applied for and obtained with effect from 16-8-1972 registration of the trade mark "M-Seal" (lable mark) under Registration Nos. 282, 168 in Class I in respect of epoxy resin compositions included in Class I used for cementing cracks, holes, leaks and similar defects in metal articles and for other technical purposes. The certificate stated that the registration shall give no right to the exclusive use of the word "Seal". The mark was also stated to be associated with No. 282, 169. The registration of the said mark is valid and subsisting having been renewed upto 16th August, 2007.

M.E.P.L. merged with Indian National Diesel Engine Co. Ltd. pursuant to